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  1. #1

    Default Objection to Officer's Evidence at Traffic Court

    My question involves traffic court in the State of: California.

    I have received my Discovery from the citing agency of my speeding ticket by state police.
    One document that caught my attention is the officer's training credential, and according to the record he was last trained on 05/2007, 6yrs & a half ago before my citation was issued.
    He provided no further evidence of recertification of any kind in my Discovery.

    If he introduces his 'recent' certification in court, am I allow to object such evidence since it was not provided to me in Discovery?
    I will state something like "Your honor, the certification may not be entered into evidence, as it was not provided to me per my Discovery request.
    On my Discovery, I have requested for a copy of each & every certification issued to the officer. Since it was not provided to me,
    the prosecutor has violated my rights to due process."

    Will this work?

    - - - Updated - - -

    http://trafficcourtpros.com/blog/how-to-object-to-evidence-in-traffic-court-correctly/

    Found this, and it states that:

    3. You are entitled to “Discovery” of all evidence against you, including a police officer’s notes if they use them in court. If those notes are not disclosed to you, you have been denied the right to cross examine the witness against you – because the notes are testifying, not the cop.

  2. #2
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    Default Re: Objection to Officer's Evidence at Traffic Court

    What "recent certification" are you talking about?

  3. #3

    Default Re: Objection to Officer's Evidence at Traffic Court

    anything that shows the officer has recent recertified for lidar/radar use, such as refresher training etc.

  4. #4
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    Default Re: Objection to Officer's Evidence at Traffic Court

    So your concern is entirely theoretical? You can object to any evidence introduced at hearing that should have been, but was no, disclosed during discovery. On this one, though, if the officer does offer evidence of more recent training, it might come across as, "Object, the officer is more experienced than his testimony indicates!"

  5. #5
    Join Date
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    Default Re: Objection to Officer's Evidence at Traffic Court

    The state of CA requires no recertification on lidar or radar. The CHP appears to have a policy (not a legal requirement, but a training decision) that their people will receive such annual retraining. However, POST has no such mandate.
    **********
    Retired Cal Cop Sergeant & Teacher

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    Love mercy,
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